Welcome, and thank you for your interest in Birdzi,
Inc. (ÒBirdziÓ, Òwe,Ó or ÒusÓ), our website at http://birdzi.com (the ÒSiteÓ) the Hornbacher's-branded mobile application (the ÒAppÓ),
and other services provided by us and on which a link to these Terms of Use is
displayed (collectively, together with the Site and the App, our ÒServiceÓ). These Terms of Use are a
legally binding contract between you and Birdzi regarding your use of the
Service.
PLEASE READ THE FOLLOWING TERMS OF USE
CAREFULLY. BY CLICKING ÒI ACCEPT,Ó YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS,
INCLUDING THE BIRDZI PRIVACY POLICY AT THE END OF THIS DOCUMENT (COLLECTIVELY,
THESE ÒTERMSÓ). If you are not
eligible, or do not agree to these Terms, then please do not use the Service.
These Terms of Use provide that all disputes
between you and Birdzi will be resolved by BINDING ARBITRATION. YOU AGREE TO
GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this
contract (except for matters that may be taken to small claims court). Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and
your claims cannot be brought as a class action. Please review the Arbitration
Agreement below for the details regarding your agreement to arbitrate any
disputes with Birdzi.
1. Birdzi Service
Overview. When you enter a Hornbacher'sed up for our services, the App will follow you on your route through the
store and present grocery coupons and offers to you based on your current
location. You may use the Savings Card Scanning feature to link your Retailer
loyalty card to your account, which will allow the App to track purchases you
make at Retailer stores so that the App may provide offers and coupons
specifically tailored to you based on your past choices.
2. Eligibility. You must be at least
thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant
to us: (i) that you are at least thirteen (13) years of age; (ii) that you have
not previously been suspended or removed from the Service; and (iii) that your
registration and your use of the Service is in compliance with any and all
applicable laws and regulations. If you are using the Service on behalf of an
entity, organization, or company, you represent and warrant that you have the
authority to bind such organization to these Terms and you agree to be bound by
these Terms on behalf of such organization.
3. Accounts and
Registration. To access some features of the Service, including
the Savings Card Scanning feature, you must register for an account with Retailer or provide information that is used by
Birdzi, Inc. to create a login on your behalf. When you register for an account
or request that we create one on your behalf, you may be required to provide
some information about yourself (such as your e-mail address or other contact
information). You agree that the information you provide or provided to create
that account is accurate and that you will keep it accurate and up-to-date at
all times. We or Retailer may provide or may have provided you with a password
for your account. You are solely responsible for maintaining the
confidentiality of your account and password. You agree to accept
responsibility for all activities that occur under your account. If you have
reason to believe that your account is no longer secure, then you must
immediately notify us at appsupport@birdzi.com.
4. Support. If you are having problems with the Service, please
contact us at appsupport@birdzi.com
or via the help page on the Retailer website.
5. Content
Disclaimer. We are under no
obligation to edit or control content that Retailer or parties with whom we or Retailer
may contract post or publish, and will not be in any way responsible or liable
for such content. Birdzi may, however, at any time and without prior notice,
screen, remove, edit, or block any content that in our sole judgment violates
these Terms or is otherwise objectionable. You understand that when using the
Service you will be exposed to content from a variety of sources and
acknowledge that such content may be inaccurate, offensive, indecent or
objectionable. You agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against Birdzi with respect to such content. Birdzi makes no representation or warranty as to the
accuracy or fitness for use of any offers, including, but not limited to,
coupons, rebates, discounts, etc. posted via the Service or that Retailer or
any third party will honor or acknowledge any such offers, coupons, rebates,
discounts, etc. posted via the Service. Birdzi is not responsible for providing
any value for any offers, coupons, rebates, discounts, etc. posted via the
Service. Birdzi is not responsible for the change of information at Retailer or
third party stores including but not limited to rebate information, pricing,
availability or fitness for use.
6. Prohibited Conduct. BY USING THE SERVICE YOU
AGREE NOT TO:
6.1
use the Service
for any illegal purpose, or in violation of any local, state, national, or
international law;
6.2
violate,
or encourage others to violate, the rights of third parties, including by
infringing or misappropriating third party intellectual property rights;
6.3
interfere with
security-related features of the Service, including without limitation by (i)
disabling or circumventing features that prevent or limit use or copying of any
content, or (ii) reverse engineering or otherwise attempting to discover the
source code of the Service or any part thereof except to the extent that such
activity is expressly permitted by applicable law;
6.4
interfere with
the operation of the Service or any userÕs enjoyment of the Service, including
without limitation by (i) uploading or otherwise disseminating viruses, adware,
spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements
to other users of the Service, (iii) attempting to collect, personal
information about users or third parties without their consent; or (iv)
interfering with or disrupting any networks, equipment, or servers connected to
or used to provide the Service, or violating the regulations, policies, or
procedures of such networks, equipment, or servers;
6.5
perform any
fraudulent activity including impersonating any person or entity, claiming
false affiliations, accessing the Service accounts of others without
permission, or falsifying your age or date of birth;
6.6
sell or otherwise
transfer the access granted herein or any Materials (as defined in Section 11 below) or
any right or ability to view, access, or use any Materials; or
6.7
attempt to do any
of the foregoing in this Section 6, or assist
or permit any persons in engaging in any of the activities described in this
Section 6.
7.
Third-Party Services and
Linked Websites. Birdzi may provide tools through the
Service that enable you to export information to third party services through
our implementation of third party buttons (such as ÒlikeÓ or ÒshareÓ buttons).
By using these tools, you agree that we may transfer such information to the
applicable third-party service. Such third party services are not under our
control, and we are not responsible for their use of your exported information.
The
Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not
responsible for their content.
8.
Termination of Use;
Discontinuation and Modification of the Service.
If you violate any provision of these Terms, your permission to use the Service
will terminate automatically. Additionally, Birdzi, in its sole discretion may
terminate your user account on the Service or suspend or terminate your access
to the Service at any time, with or without notice. We also reserve the right
to modify or discontinue the Service at any time (including, without
limitation, by limiting or discontinuing certain features of the Service)
without notice to you. We will have no liability whatsoever on account of any
change to the Service or any suspension or termination of your access to or use
of the Service. You may terminate your account at any time by contacting
customer service at appsupport@birdzi.com.
9.
Privacy Policy; Additional Terms
9.1
Privacy Policy. Please read
the Birdzi Privacy Policy carefully for information relating to our collection,
use, storage and disclosure of your personal information, including disclosure
to Retailer. The Birdzi Privacy Policy is hereby incorporated by reference
into, and made a part of, these Terms.
9.2
Additional Terms. Your use of
the Service is subject to any and all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we
may post on or link to on the Service (the "Additional Terms"), such rules applicable to particular
features or content on the Service, subject to Section 10 below. All
such Additional Terms are hereby incorporated by reference into, and made a
part of, these Terms.
10. Modification of these Terms. We reserve the right, at our discretion, to change
these Terms on a going-forward basis at any time. Please check these Terms
periodically for changes. In the event that a change to these Terms materially
modifies your rights or obligations, you will be required to accept such
modified terms in order to continue to use the Service. Material modifications
are effective upon your acceptance of such modified Terms. Immaterial
modifications are effective upon publication. For the avoidance of doubt,
disputes arising under these Terms will be resolved in accordance with these
Terms in effect that the time the dispute arose.
11. Ownership; Proprietary
Rights. The Service is owned and
operated by Birdzi. The visual interfaces, graphics, design, compilation,
information, data, computer code (including source code or object code),
products, software, services, and all other elements of the Service (the ÒMaterialsÓ) provided by Birdzi are
protected by all relevant intellectual property and proprietary rights and
applicable laws. All Materials contained in the Service are the property of Birdzi
or our third-party licensors, including Retailer. Except as expressly
authorized by Birdzi, you may not make use of the Materials. Birdzi reserves
all rights to the Materials not granted expressly in these Terms.
12. Indemnity. You agree that
you will be responsible for your use of the Service, and you agree to defend,
indemnify, and hold harmless Birdzi and its officers, directors, employees,
consultants, affiliates, subsidiaries and agents (collectively, the "Birdzi Entities") from and against
any and all claims, liabilities, damages, losses, and expenses, including
reasonable attorneys' fees and costs, arising out of or in any way connected
with (i) your access to, use of, or alleged use of the Service; (ii) your
violation of these Terms or any representation, warranty, or agreements
referenced herein, or any applicable law or regulation; (iii) your violation of
any third-party right, including without limitation any intellectual property
right, publicity, confidentiality, property or privacy right; or (iv) any
disputes or issues between you and Retailer or between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (and without
limiting your indemnification obligations with respect to such matter), and in
such case, you agree to cooperate with our defense of such claim.
13. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT
AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS
AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED. THE BIRDZI ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION)
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE,
INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii)
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE BIRDZI
ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS
OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE
OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF
THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR
CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING
ANY OF THE BIRDZI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE
TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT
FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE
USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU
UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED
SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM
USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE
OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY
HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE BIRDZI
ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO
OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR
CONTENT ON THE SERVICE, INCLDUING
RETAILERÕS OR A THIRD PARTYÕS OFFERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BIRDZI
ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE
LIABILITY OF THE BIRDZI ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF
RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY
MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE
TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF
(i) THE AMOUNTS YOU HAVE PAID TO BIRDZI FOR ACCESS TO AND USE OF THE SERVICE IN
THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A
LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS
TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS
AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF
THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
15.
Governing
Law. These Terms shall be governed by the laws
of the State of New Jersey without regard to conflict of law principles. To the
extent that any lawsuit or court proceeding is permitted hereunder, you and Birdzi
agree to submit to the personal and exclusive jurisdiction of the state courts
and federal courts located within Middlesex County, New Jersey for the purpose
of litigating all such disputes. We operate the Service from our offices in New
Jersey, and we make no representation that Materials included in the Service
are appropriate or available for use in other locations.
16. General. These Terms,
together with the Birdzi Privacy Policy and any other agreements expressly
incorporated by reference herein, constitute the entire and exclusive
understanding and agreement between you and Birdzi regarding your use of and
access to the Service, and except as expressly permitted above may be amended
only by a written agreement signed by authorized representatives of all parties
to these Terms. You may not assign or transfer these Terms or your rights
hereunder, in whole or in part, by operation of law or otherwise, without our
prior written consent. We may assign these Terms at any time without notice.
The failure to require performance of any provision will not affect our right
to require performance at any time thereafter, nor shall a waiver of any breach
or default of these Terms or any provision of these Terms constitute a waiver
of any subsequent breach or default or a waiver of the provision itself. Use of
section headers in these Terms is for convenience only and shall not have any
impact on the interpretation of particular provisions. In the event that any
part of these Terms is held to be invalid or unenforceable, the unenforceable
part shall be given effect to the greatest extent possible and the remaining
parts will remain in full force and effect. Upon termination of these Terms,
any provision that by its nature or express terms should survive will survive
such termination or expiration, including, but not limited to, Sections 2 and 6 through 19.
17. Dispute Resolution and Arbitration
17.1
Generally. In the
interest of resolving disputes between you and Birdzi in the most expedient and
cost effective manner, you and Birdzi agree that any and all disputes arising
in connection with these Terms shall be resolved by binding arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. Our
agreement to arbitrate disputes includes, but is not limited to all claims
arising out of or relating to any aspect of these Terms, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory,
and regardless of whether the claims arise during or after the termination of
these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU
AND BIRDZI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION.
17.2
Exceptions. Notwithstanding subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude,
or otherwise limit either of our right to (i) bring an individual action in
small claims court, (ii) pursue enforcement actions through applicable federal,
state, or local agencies where such actions are available, (iii) seek
injunctive relief in a court of law, or (iv) to file suit in a court of law to
address intellectual property infringement claims.
17.3
Arbitrator. Any arbitration between you and Birdzi will be
governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures
for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms,
and will be administered by the AAA. The AAA Rules and filing forms are
available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by
contacting Birdzi.
17.4
Notice; Process. A party who intends to seek arbitration must first
send a written notice of the dispute to the other, by certified mail or Federal
Express (signature required), or in the event that we do not have a physical
address on file for you, by electronic mail ("Notice"). Birdzi's address for Notice is Birdzi, Inc., 33 Wood
Avenue South, Suite 600, Iselin, NJ 08830. The Notice must (i) describe the
nature and basis of the claim or dispute; and (ii) set forth the specific
relief sought ("Demand").
We agree to use good faith efforts to resolve the claim directly, but if we do
not reach an agreement to do so within 30 days after the Notice is received,
you or Birdzi may commence an arbitration proceeding. During the arbitration,
the amount of any settlement offer made by you or Birdzi shall not be disclosed
to the arbitrator until after the arbitrator makes a final decision and award,
if any. In the event our dispute is
finally resolved through arbitration in your favor, Birdzi shall pay you (i)
the amount awarded by the arbitrator, if any, (ii) the last written settlement
amount offered by Birdzi in settlement of the dispute prior to the arbitratorÕs
award; or (iii) $1,000.00, whichever is greater.
17.5
Fees. In the event that you commence arbitration in accordance with these
Terms, Birdzi will reimburse you for your payment of the filing fee, unless
your claim is for greater than $10,000, in which case the payment of any fees
shall be decided by the AAA Rules. Any arbitration hearings will take place at
a location to be agreed upon in Middlesex County, New Jersey, provided that if
the claim is for $10,000 or less, you may choose whether the arbitration will
be conducted (i) solely on the basis of documents submitted to the arbitrator;
(ii) through a non-appearance based telephonic hearing; or (iii) by an in-person
hearing as established by the AAA Rules in the county (or parish) of your
billing address. If the arbitrator
finds that either the substance of your claim or the relief sought in the
Demand is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment
of all fees will be governed by the AAA Rules. In such case, you agree to
reimburse Birdzi for all monies previously disbursed by it that are otherwise
your obligation to pay under the AAA Rules. Regardless of the manner in which
the arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which
the decision and award, if any, are based. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses at any
time during the proceeding and upon request from either party made within 14
days of the arbitratorÕs ruling on the merits.
17.6
No Class Actions. YOU AND
BIRDZI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Birdzi agree
otherwise, the arbitrator may not consolidate more than one personÕs claims,
and may not otherwise preside over any form of a representative or class
proceeding.
17.7
Modifications. In the event that Birdzi makes any future change to
this arbitration provision (other than a change to Birdzi's address for
Notice), you may reject any such change by sending us written notice within 30
days of the change to Birdzi's address for Notice, in which case your account
with Birdzi shall be immediately terminated and this arbitration provision, as
in effect immediately prior to the amendments you reject shall survive.
17.8
Enforceability. If Subsection 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the
exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.
18. Export Laws. You are
responsible for complying with trade regulations and both foreign and domestic
laws. You represent and warrant that you are not located in a country that is
subject to a US Government embargo, or that has been designated by any United States
government entity as a Òterrorist supportingÓ country and you are not listed on
any United States government entity list of prohibited or restricted parties. The
Service may not be downloaded to or exported or re-exported: (a) into (or to a
resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea,
Sudan, Syria, or any other country subject to United States embargo; (b) to
anyone on the United States Treasury Department's list of Specially Designated Nationals
or on the US Commerce Department's Denied Party or Entity List; or (c) to any
prohibited country, person, end-user or entity prohibited by United States export
laws.
19. Consent to
Electronic Communications. By using
the Service, you consent to receiving certain electronic communications from us
as further described in our Privacy Policy. Please read our Privacy Policy to
learn more about your choices regarding our electronic communications
practices. You agree that any notices, agreements, disclosures, or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.
20. Contact Information. The services hereunder are offered by Birdzi, Inc., located at 33 Wood
Avenue South, Suite 600, Iselin, NJ 08830. You may contact us by sending
correspondence to the foregoing address or by emailing us at appsupport@birdzi.com. If you are a California resident,
you may have these Terms mailed to you electronically by sending a letter to
the foregoing address with your electronic mail address and a request for these
Terms.
BIRDZI PRIVACY POLICY
This Birdzi Privacy Policy (this ÒPolicyÓ) describes the
collection of personal information by Birdzi, Inc., a Delaware corporation (ÒCompany,Ó Òwe,Ó or ÒusÓ)
from users of our Hornbacher's-branded mobile application (the ÒAppÓ), our web site at
https://birdzi.com (the ÒWebsiteÓ),
as well as all related applications, widgets, software, tools, and other
services provided by us and on which a link to this Policy is displayed
(collectively, together with the App and the Website, our ÒServicesÓ) and also describes how your information will be
shared between Hornbacher's (ÒRetailerÓ)
and us. This Policy also describes
our use and disclosure of such information. By using our Services, you consent to
the collection, use, and disclosure of personal information in accordance with
this Policy. This Policy is
incorporated by reference into the Birdzi Terms of Use and subject to the provisions
of the Terms of Use.
Personal Information
ÒPersonal
Information,Ó as used in this Policy, is information that specifically
identifies an individual, such as an individual's name, address, telephone
number, or e-mail address. Personal
Information also includes information about an individualÕs activities, such as
information about his or her activity on our Services, and demographic
information, such as date of birth, gender, geographic area, and preferences,
when any of this information is linked to Personal Information that identifies
that individual.
Personal Information does not include
ÒaggregateÓ or other non-personally identifiable information. Aggregate information is information
that we collect about a group or category of products, services, or users that
is not personally identifiable or from which individual identities are
removed. We may use and disclose
aggregate information, and other non-personally identifiable information, for
various purposes.
Collection of Information
Collection of Voluntarily-Provided Information
We collect
Personal Information that our users provide to us in a variety of ways on our
Services. These include the
following:
á E-mail Newsletters. Retailer may offer e-mail newsletters
from time to time on or through our Services. If you sign up to receive a newsletter
from Retailer through the Services, we collect your e-mail address.
á User Accounts and Profiles. Our Services may give you the ability to
register for or link the Services to a Retailer account. We will collect the Personal Information
that you provide to us in the course of registering for an account or the
information that you have provided to Retailer if you link your Retailer
account to the Service (with the Savings Card Scanning Feature, below). This information may include, for
example, name, postal address, telephone number, e-mail address, and related
demographic information about you.
á Savings Card Scanning Feature. Our
Services may give you the ability to link your Retailer loyalty card account to
the Services by taking a picture of the bar code on your loyalty card with the
camera on your mobile device. If you link your loyalty card account to the
Services, you grant us access to the information associated with your loyalty
card account, including (i) any saved purchase history data, (ii) coupons,
promotions and other offers provided through the App that you accept, (iii)
purchases you make in the future, and (iv) any Personal Information associated
with your loyalty card account.
á Correspondence. If you contact us by e-mail, using a
contact form on the Services or RetailerÕs website, or by mail, fax, or other
means, we collect the Personal Information contained within, and associated
with, your correspondence.
á Contests and Sweepstakes. We or our advertisers and other business
partners may conduct or sponsor special contests, sweepstakes, and other
promotions that users may enter or otherwise participate in on our
Services. Certain of these
promotions may be co-branded with one of our advertisers or other business
partners. In these instances, the
collection of your Personal Information may occur directly by the third-party
partner on its website or other online service and may be shared with us. The promotion will state the privacy
policy or policies governing the collection of such personal information.
Passive Information Collection
When you visit our Services or a Retailer
store, some information is collected automatically. For example, when you access our
Services or visit a Retailer store, we may automatically collect your location,
your browserÕs Internet Protocol (IP) address, your browser type, the nature of
the device from which you are visiting the Services, the identifier for any
handheld or mobile device that you may be using, the Web site that you visited
immediately prior to accessing any Web-based Services, the actions you take on
our Services, and the content, features, and activities that you access and
participate in on our Services. We
also may collect information regarding your interaction with e-mail messages,
such as whether you opened, clicked on, or forwarded a message.
We may collect this information passively
using technologies such as standard server logs, cookies, and clear GIFs (also
known as ÒWeb beaconsÓ), as well as sensors that may be installed at Retailer
stores. We use passively-collected
information to administer, operate, and improve the Services, to provide
information about your visit to the Retailer store to Retailer and to provide
coupons, promotions, and other offers that are tailored to you. If we link or associate any information
gathered through passive means with Personal Information, or if applicable laws
require us to treat any information gathered through passive means as Personal
Information, we treat the combined information as Personal Information under
this Policy. Otherwise, we use and
disclose information collected by passive means in aggregate form or otherwise
in a non-personally identifiable form.
Also, please be aware that third parties,
such as Retailer or sites or services provided by third parties (ÒThird-Party SitesÓ) that may be
linked to from the Services, may set cookies on your hard drive or use other
means of passively collecting information about your use of their services, Third-Party
Sites or content. We do not have
access to, or control over, these third-party means of passive data collection.
Information from Other Sources
We may receive information about you,
including Personal Information, from third parties, including Retailer and may
combine this information with other Personal Information we maintain about
you. If we do so, this Policy
governs any combined information that we maintain in personally identifiable
format.
Use of Personal Information
We use Personal Information to provide services and information that you
request; to enhance, improve, operate, and maintain our Services, our programs,
services, App, Web sites, and other systems; to prevent fraudulent use of our
Services and other systems; to prevent or take action against activities that
are, or may be, in violation of our Terms of Use or applicable law; to provide
information about your visit to the Retailer store to Retailer; to tailor
coupons, promotions, other offers, and other aspects of your experience on and
in connection with the Services; to maintain a record of our dealings with you;
for other administrative purposes; and for any other purposes that we may
disclose to you at the point at which we request your Personal Information, and
pursuant to your consent.
We may also use Personal Information you
provide to contact you regarding products, services, and offers, from
ourselves, Retailer, and from third parties, that we believe you may find of
interest.
Disclosure of Personal Information
Except as described in this Policy, we will
not disclose your Personal Information that we collect on the Services to third
parties without your consent. We
may disclose information to third parties if you consent to us doing so, as
well as in the following circumstances:
Affiliates
We may disclose your Personal Information to
any entity that is owned by the Company, owns the Company, or which directly or
indirectly shares any common ownership with the Company (ÒAffiliatesÓ), and Affiliates will treat your Personal
Information in accordance with this Policy.
Retailer
We may disclose your Personal Information to
Retailer at any time as a service to Retailer, including any Personal
Information you provide to us to register an account with Retailer, your
location at any time within a Retailer store, and the activities in which you
partake on the App, or as otherwise mentioned in this Policy.
Service Providers
We may disclose Personal Information to
third-party service providers (e.g., data storage and processing facilities
such as Amazon Web Services and email management providers such as MailChimp)
that assist us in our work. We
limit the Personal Information provided to these service providers to that
which is reasonably necessary for them to perform their functions, and we
require them to agree to maintain the confidentiality of such Personal
Information.
Public Areas and Syndicated Services
Some features on our Services may allow you
to upload, post, or otherwise transmit materials to public areas of third party
services, such as Facebook and Twitter (e.g., regarding an offer you accepted
on the Services). We may make these materials available for display upon the
designated third party properties that are not governed by this Policy
(collectively, ÒSyndicated ServicesÓ).
Please be aware that any Personal Information that you include within any
materials you choose to export to third party services will be made available
to other users of the Services, and to users of Syndicated Services, who view
it. You include Personal
Information in such materials at your sole risk. Additionally, even after such
information is removed, caching and archiving services may have saved that
information, and other users or third parties may have copied or stored the
information available on the Syndicated Services. We cannot warrant or guarantee that any
Personal Information that you provide on and in connection with the Services
will not be accessed, viewed, or used by unauthorized persons.
Business Transfers
Information about our users, including
Personal Information, may be disclosed and otherwise transferred to an
acquirer, or successor or assignee as part of any merger, acquisition, debt
financing, sale of company assets, or similar transaction, as well as in the event
of an insolvency, bankruptcy, or receivership in which Personal Information is
transferred to one or more third parties as one of our business assets.
To Protect our Interests
We also disclose Personal Information if we
believe that doing so is legally required, or is in our interest to protect our
property or other legal rights (including, but not limited to, enforcement of
our agreements), or the rights or property of others, or otherwise to help
protect the safety or security of our Services and other users of the Services.
Choice
The App will offer you a choice as to whether
to allow the App access to your location. If you do not grant the App access to
your location data, the App will not access your location or provide your
location data to Birdzi, Retailer, or any third parties.
If you receive commercial e-mail from us, you
may unsubscribe at any time by following the instructions contained within the
e-mail. You may also opt-out from
receiving commercial e-mail from us, and any other promotional communications
that we may send to you from time to time (e.g., by postal mail) by sending
your request to us by e-mail at appsupport@birdzi.com or by writing to us at
the address given at the end of this policy.
Please be aware that if you opt-out of
receiving commercial e-mail from us, it may take up to thirty days for us to process your opt-out request, and you may receive
commercial e-mail from us during that period. Additionally, even after you opt-out
from receiving commercial messages from us, you will continue to receive
administrative messages from us regarding our Services.
Access
If you link your Retailer account to the
Services, you may have the ability to access and update many categories of
Personal Information that you provide to us by logging in to the App and
accessing your account settings. If
you wish to access or amend any other personal information we hold about you,
you may contact us at appsupport@birdzi.com.
If you request that we delete your account on
any of our Services (via a user settings page, by e-mail, or otherwise), we
will do so within a reasonable period of time, but we may need to retain some
of your Personal Information in order to satisfy our legal obligations, or
where we reasonably believe that we have a legitimate reason to do so.
Links
The Services may contain links to other Web
sites, products, or services that we do not own or operate. The Services also
may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any
Third-Party Sites or products or services available on or through such
Third-Party Sites, please be aware that this Policy will not apply to your
activities or any information you disclose while using those Third-Party Sites
or any products or services available on or through such Third-Party
Sites. We are not responsible for the privacy practices
of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the
Services may contain links to Web sites and services that we operate but that
are governed by different privacy policies. We encourage you to carefully review the
privacy policies applicable to any Web site or service you visit other than the
Services before providing any Personal Information on them.
Children
ChildrenÕs safety is important to us, and we
encourage parents and guardians to take an active interest in the online
activities of their children. Our
Services are not directed to children under the age of 13, and we do not
knowingly collect Personal Information from children under the age of 13
without obtaining parental consent.
If we learn that we have collected personal information from a child
under the age of 13 on our Services, we will delete that information as quickly
as possible. If you believe that we
may have collected any such personal information on our Services, please notify
us at appsupport@birdzi.com.
International Visitors
Our servers and data centers are located in
the United States. If you choose to
use the Services from outside the U.S., then you should know that you are
transferring your Personal Information outside of your region and into the U.S.
for storage and processing. By providing your Personal Information to us
through your use of the Service, you agree to that transfer, storage, and
processing in the U.S. Also, we may
transfer your data from the U.S. to other countries or regions in connection
with storage and processing of data, fulfilling your requests, and operating
the Services. You should know that
each region can have its own privacy and data security laws, some of which may
be less stringent as compared to those of your own region.
Security
We use reasonable security measures that are
designed to protect personal information from accidental loss, disclosure, misuse,
and destruction. Please be aware,
however, that no data security measures can be guaranteed to be completely
effective. Consequently, we cannot
ensure or warrant the security of any information that you provide to us. You transmit information to us at your
own risk.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the
Òlast updatedÓ date at the beginning of the Policy. Your continued use of our Services after
such changes will be subject to the then-current policy. If we change this Policy in a manner
that is materially less restrictive of our use or disclosure of your Personal
Information, we will use reasonable efforts to notify you of the change and to
obtain your consent prior to applying the change to any Personal Information
that we collected from you prior to the date the change becomes effective. We encourage you to periodically review
this Policy to stay informed about how we collect, use, and disclose personal
information.
Contacting Us
If you have any questions or comments about
this Policy, please contact us using the following contact information:
Birdzi, Inc.
33 Wood Ave. South, Suite 600, Iselin, NJ 08830
appsupport@birdzi.com